Product license agreement
Colorware B.V. Software License Agreement
BY USING THE COLORWARE B.V. SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THE LICENSE, YOU MAY RETURN THE COLORWARE B.V. SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT FOR A REFUND. IF THE COLORWARE B.V. SOFTWARE WAS ACCESSED ELECTRONICALLY, CLICK “DISAGREE/DECLINE”. FOR COLORWARE B.V. SOFTWARE INCLUDED WITH YOUR PURCHASE OF HARDWARE, YOU MUST RETURN THE ENTIRE HARDWARE/SOFTWARE PACKAGE IN ORDER TO OBTAIN A REFUND.
IMPORTANT NOTE: Colorware BV software may be used to reproduce materials. It is licensed to you only for reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. If you are uncertain about your right to copy any material, you should contact your legal advisor.
1. General. The Colorware B.V. Software, documentation and any fonts accompanying this License (collectively the “Colorware Software”) are licensed, not sold, to you by Colorware B.V. (“Colorware B.V.”) for use only under the terms of this License, and Colorware B.V. reserves all rights not expressly granted to you. The rights granted herein are limited to Colorware B.V.’s and its licensors’ intellectual property rights in the Colorware Software and do not include any other patents or intellectual property rights. You may own the media on which the Colorware Software is recorded but Colorware B.V. and/or Colorware B.V.’s licensor(s) retain ownership of the Colorware Software itself. The terms of this License will govern any software upgrades provided by Colorware B.V. that replace and/or supplement the original Colorware Software product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
2. Permitted License Uses and Restrictions.
(a) Administration Software
You may install and use one copy of the Administration Software on a single computer at a time. You may make one copy of the Administration Software in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original.
(b) 1 Client Software License
If you have obtained a 1 Client License, the Administration Software is restricted to connection to and administration of a maximum of one (1) unique client computer that your organization owns or leases.
(c) Unlimited Client Software License
If you have obtained an Unlimited Client License, the Administration Software can connect to and administer an unlimited number of client computers that your organization owns or leases.
Except as and only to the extent expressly permitted in this License or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the Colorware Software or any part thereof. THE COLORWARE SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE COLORWARE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
3. Transfer. You may not rent, lease, lend or sublicense the Colorware Software. You may, however, make a one-time permanent transfer of all of your license rights to the Colorware Software to another party, provided that: (a) the transfer must include all of the Colorware Software, including all its component parts, original media, printed materials and this License; (b) you do not retain any copies of the Colorware Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the Colorware Software reads and agrees to accept the terms and conditions of this License.
NFR (Not for Resale) Copies: Notwithstanding other sections of this License, Colorware Software labeled or otherwise provided to you on a promotional basis may only be used for demonstration, testing and evaluation purposes and may not be resold or transferred.
Academic Copies: If the Colorware Software package has an academic label or if you acquired the Colorware Software at an academic discount, you must be an Eligible Educational End User to use the Colorware Software. “Eligible Educational End Users” means students, faculty, staff and administration attending and/or working at an educational institutional facility (i.e., college campus, public or private K-12 schools).
4. Termination. The License is effective until terminated. Your rights under this License will terminate automatically without notice from Colorware B.V. if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Colorware Software and destroy all copies, full or partial, of the Colorware Software.
5. Limited Warranty on Media (if applicable). Colorware B.V. warrants the media on which the Colorware Software is recorded and delivered by Colorware B.V. to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of original retail purchase. Your exclusive remedy under this Section shall be, at Colorware B.V.’s option, a refund of the purchase price of the product containing the Colorware Software or replacement of the Colorware Software which is returned to Colorware B.V. or an Colorware B.V. authorized representative with a copy of the receipt. THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE MEDIA INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, AND OF FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF ORIGINAL RETAIL PURCHASE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET FORTH HEREIN IS THE ONLY WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
6. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE COLORWARE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON MEDIA SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COLORWARE SOFTWARE IS PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND COLORWARE B.V. AND COLORWARE B.V.’S LICENSORS (COLLECTIVELY REFERRED TO AS “COLORWARE B.V.” FOR THE PURPOSES OF SECTIONS 6 AND 7) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE COLORWARE SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. COLORWARE B.V. DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE COLORWARE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE COLORWARE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE COLORWARE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE COLORWARE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COLORWARE B.V. OR AN COLORWARE B.V. AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE COLORWARE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.